Revolutionary War Pension and Bounty Land Warrant Application File S. 10,690, William W Fox, New York

SERVICE
New York
Fox, William W.
NUMBER
S 10690
carded
CONTENTS

No. 118 New York
William M. Hoy
Montgomery in the State of New York who was a Private in the Comp. commanded by Captain Hoy — of the Regt. commanded by Col. Kloockgether in the Mass line for 2 Years —
★ N. Y. Sines.
Recorded & corrected Feb. 20/35
Inscribed on the Roll of New York at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of Nov. 1833 and to G. D. Ferguson Palatine
Arrears to the 4th of Sep. '33 $ 200 Semi-ann. allowance ending 4 M. '34 40
$240
Revolutionary Claim, Not June 7, 1832. G. D. Ferguson
Recorded by
Clerk
Book
E.
Vol.
4,
Page
100

State of New York } Personally came before me Henry J. Disendor Montgomery County ss } against the Oaths of One of the Judges of the Court of Common Pleas the County of Montgomery, and State of New York Aforesaid, William W. Fox of the said Town, County & State Aforesaid, who being duly sworn deposes and saith, that he had performed Military duty from the commence- ment to the close of the Revolutionary War, that conformable to an Reso- lution Passed on the 27 th day of May 1775 by the Old Congress. It was Resolved That the Militia of New York, be Armed and Trained and in constant rea- diness, to Act at a moments Warning — That it be recommended to the Provincial, Convention of New York to persevere the more vigorously in Preparing for their defence, as it is very Uncertain, Whether the Earnest endeav- ours of Congress to Accommodate the Unhappy differences, Between Great Britain, and the colonies, by conciliatory means would be successful. This deponent further saith, that in compliance of the Aforesaid Resolution he hath furnished himself with sufficient Arms and Acquisitions, and always kept himself in readiness, to March out with the Militia or Contemptible troops Against the Enemy, on any, or every Occurrence, and Emergency, when required thereto, on a Moments Warning, That the Militia were pecu- liarly Situated, up Along the Mohawk river, Apparently on the frontier next to Canada, and from whence they came lashing around in, sometimes taking some of the Militia Prisoners, and at other times Murdering & Scalping, when labouring on their Farms during the whole Summer season, for a Number of years in succession, often with Arms on their fields for defence, When his Country called for Physical means he promptly obeyed that call, at the bidding of his Government, he Left the Plough for the tented field on any Emergency, he quit the quiet and safety of his home to share in the danger of the Battle, he left his own side to mingle in the severer duties in danger, from April 1775 to October 1782 the Militia of the whole Country, were required to be in constant readiness for Active Service. That he is now aged 78 years of age . That he has faithfully served in Achieving the American Independence, as well than the rights and Liberties of the Citizens of the United States. This deponent further saith, that from the commencement to the close of the Revolutionary War, he belonged to the Reg t of Militia, commanded by Jacob Klock Col l and Peter Waggoner Lieut t Col l , that at the commencement he belonged to Capt. William Foxes Company, Immediately after next under the command of

last first: Gen. Company. And lastly, after the year 1777, Under Capt Henry Miller, all in the same bat, excepting when belonging to Col. William D. D. Company in the Town of Palatine County D State aforesaid; where he this deponent was born and where he hath resided during the whole War, and ever since — — — — — This deponent further saith that it is altogether impracticable and impossible for him to enumerate all, each, and every, Occurrences or trip he had to perform, that no one has kept an Memorandum No one he thinks can tell more than once out of ten, as to the different times and the duties performed, shall only beg leave to Mention some of the most important Contests & Battles Engaged in, First Ordered out in the year 1776. to March to. Caghnawaga there joining Gen l Schuyler & his Militia from Albany And Schenectady, From thence Marching to Johnstown, Where Col l John Johnson Had Assembled as he understood with About three or four hundred men. All Armed And Acquit, supposing, contemplating in doing Injury to those considered Adhering to the Whig Principles, Predisposed to their going to Canada in joining The British — Then Continuing in Obeysing the calls and Emergency of his Country Until the Memorable Battle Under Gen l Herkimer, of Militia Near Fort Stanwix to what is called Oriskany Battle, on the Sixth day of Aug t 1777 And that in the same year in the fall he hath been to Still Water, Saratoga, at the taking of Gen l Burgoyne with his Army, By Gen l Gates and Our Army Composed of Regular Troops detached from the American Army, and Militia of New York & New England States, — — — — —
This deponent further saith that he has been drafted twice to go to Fort Stanwix the last, for Six weeks Immediately before Oriskane Battle, Only two days after his Return home, the Second day after again Warned, and Marching Under the Command of Gen l Nicholas Herkimer, to the aid of Col l Willet & Col l Gausewort then at Fort Stanwix, When Battle took Place About 4 Miles this Side of the Fort, at Oriskane. Between the british Army, and the Militia along from the Mohawks Next Again in pursuit of Col l John Johnson, While the Enemy were laying waste to Houses and Barns at and Around Caghnawaga, in the Town of Johnstown, Murdering and Sculping some of the most respectable part of its Inhabitants When in pursuit of them, they took Flight, retreating Along by the Village of Johnstown Marching to the Hall, And Across the Hall Field not affording An Opportunity to Gratify the Bravery of the Militia or Whigs, but to the Cavalcade hastening to the Woods which was the last we saw of them at that time

Which occurrence happened, to the best of his knowledge and recollection on The 22 d day of May 1780 — That on the 19 th day of Oct. 1780 same year, after the Battle in Palatine in Stone Arabia where the Brave Col. Brown was Slain in Battle, and almost and almost All the buildings burned and consumed to Ashes, connectively with chiefly all their Grain &c. This deponent in pursuit of the Enemy, with others overtook, f r John Johnson with his dire and Incendiary crew, about Seven or 8 Miles up Along the Mohawk river, there took battle on Sailing Plato, with the Enemy, And that to the Great shame and disgrace to whom, who Had the command Over all, the commanding Genl., and who had force Sufficient to have taken f r John Johnson and all his Incendiary Tory crew, Prisoners, had not the Genl. halted at the distance nearly One Mile leaving it to the few courageous bold Militia, and all, who would fight, in Putting the Enemy to flight, And that without the Great Genl. the commander of that Memorable day. This deponent further saith, that on the 29 th day of July on a Holy Sabbath day, Morning when the distressed Inhabitance happened to be Gathered and Collected together at their Church in Stone Arabia, Town of Palatine Aforesaid, An express came, informing the people at the Meeting house, that An Number Of Indians and Tories were situated at a distance About five or Six Miles from The aforesaid Church, in the Woods, whose Object were to Exercise their customary & Usual cruelties on some of the Inhabitants near their encampment — the manner discovery was made, One of their party with an Indian was sent as Spys, and The White man, Treacherous to the party left in the woods, they both crawling near to a house where an respectable family were residing — the Indian at once struck with fear and jealousy, hastening to his comrades from Canada, one man all flying to their Arms, as they were ready doing Execution at all times, when called as many as could be gathered there at the church left it Instantly, and Evidently flying to their Arms, after returning to their respective homes, move- -ling in a body to their encampment into the Woods, discovering that they had shifted their Position. About fifty rods further in the the Woods, taking them on surprise, the Chieftains of the Indians killed, and two or three Wounded the foregoing happened on 29 th July 1781.
This deponent also saith, that late in the Month of Oct. same year 1781 in Battle at Johnstown same year in said County of Montgomery this deponent Then Under the Eminent Command of Col. Marinus Willet, Against

A Numerous Party from Canada, under the command of Maj t Ross When after a severe conflict, attended with the loss of life & blood shed on both sides, likewise prisoners taken, from both sides, When the Enemy, at last left the field, retreating &c
This deponent further saith, that he thinks in the summer 1779, On the Expedition with Genl Clinton  Schuyler drawing boats to Lake Otsego, from the Mohawk River, for at least 3 weeks, When on Marching to the Western Country In Pursuing several Parties of the Indians &c - Also that he this Applicant Never hath Applied for a Pension Under the Act of 1828. And considering to suffer sufficient, has or will be made Appear by the foregoing Mentioned circumstan- -ces and Occurrences, to his Hon ble the Secretary of the War department Not only for the Service of two years, but from the commencement to the close of the War, exclusive of the Various kind of Military Services performed Calculated to Watch and Guard Against the Incursions of the common Enemy, of his Country, that has hath always kept himself in readiness with his Arms and Acutriments, & when Warned to march out, at a moment, without Any hesitation or equivocation, besides carrying his provision Along, Willing to Await any Emergency which might befall him - And after, and often in- -curring the greatest danger, on his return  after returning home, as well then in leaving Always finding his own Provisions, Closing with the hope to be placed on the Pension list, being Allowed an full Pension, with Others equally deserving, Further that the deponent further states - - - - -
And This Applicant further declares that as early as the War than 1776 his and Name was Entered On pay Roll As Appears by Copy or Abstract reserved by Capt m Christoph r Fox dec d . containing his Name on. Allowing him the sum of £10..2..9, equal to $25..33. for duties and Services performed, Already and as soon than 76. and if Services performed Apparently for Nearly four months, in that year, What Allowance Necessarily Ought to be made, for the following six succeeding years when trouble, danger, and some years more than double the Service and duties hath to be performed by the Militia , than at the commencement of the war  at the Expiration of the two first years, This Applicant declares that he will with due submission leave his case to his Hon ble the Secretary of the War department, in full confidence, that that he may be enabled by the foregoing, in realizing the situation, this Applicant had to encounter during the War, Not only himself But Almost each and every inhabitant up along the Mohawk River, those

Who were friendly to the American cause, for Liberty and Independence And that he this Applicant, hereby relinquishes every claim whatever To a Pension or Annuity, except the Present, And declares that his Name is Not on the Pension Roll of the Agency of any State
And further this Applicant saith Not - - - - -
And for this claimant or Applicant declares that he has omitted three months service (When they had formed a Small Company of Rangers to the the Enemy the Number of Men; and during the course of the Winter have been engaged going out for three Months scouting weekly, on Scouts, Christian Gettman, at the head of the party, that they were authorized by their field Officers to raise their men that they had been divided into three different classes, so that one class having been out for three days, all the time one out, during the full three Months - And further this Claimant saith not
Sworn and subscribed before me
18 th Sept 1832
The day and year aforesaid
Henry S. Diewendorff a Judge
of the Court of Common Pleas in and for said County
We Isaac S. Ketcham a clergyman residing in the Town of Galatine and John P. Shutes of Openham hereby
Certify that We are well acquainted with
William W. Fox who has subscribed and sworn to the
above declaration that We believe him to be eighty seventy four years and nine days of age that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that We concur in that Opinion and We further certify that from bodily infirmity the said Applicant cannot attend Court
Sworn and subscribed before me this 6 th day of September 1832
Isaac S. Ketcham John P. Shutes
Henry S. Diewendorff a Judge
of the Court of Common Pleas in and for said County

And the Aforesaid Judge doth hereby declare his Opinion after the Investigation of the Matter, and after putting the Interrogatories prescribed by the War department, that the Above Named, William W. Fox was a Revolutionary Soldier and served as he States, and that the judge further certifies, that it appears to him and satisfied that Isaac S. Ketcham who has signed the preceding certificate is a Clergyman resident, resident in the Town of Palatine, And John P. Suts who has also signed the same, is a resident of the town of Oppenheim, both in the County of Montgomery, and is a Creditable person, And that their Statement is Entitled to Credit And the said Judge do further certify that from bodily infirmity of said Applicant that he cannot attend Court Dated at Palatine this 6 th day of September 1832.
Henry S. Davenport Judge of the Court of Common Pleas in and for Montgomery County
State of New York, Montgomery County, ss. I, George D. Ferguson, Clerk of the County of Montgomery, do hereby certify that Henry S. Davenport before whom the foregoing declaration of William W. Fox, as also the foregoing certificate of Isaac S. Ketcham & John P. Suts purports to have been sworn was on the date of said declaration and Certificate a Judge of the Court of Common Pleas of said County. And that I am well acquainted with the hand writing of the said Judge and verily believe that the name of said Judge subscribed to the said declaration & Certificate, & also to the foregoing Certificate of the inability of the applicant is Genuine.
In testimony whereof I have hereunto set my hand and seal of Office this 3 rd day of October 1832.
Geo: D. Ferguson
Application Wm W. Fox 73.682

Wm W. Fox
18,682
Admitted Private 2 years 456. 13.16.17.
3 May 33 P. 368
Cook Ferguson Palatine N.Y.

13.082
BRIEF in the case of William W. Fox County of Montgomery in the State of New York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a judge of the Court of C. New  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes - from bodily infirmity, cannot attend Court  3. How old is he? not stated  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.      From the commencement In 17 to the close of the War  "Periods" - not stated distinctly  As a Gen.  Col. Jacob Blocher  Capt. W. Fox - Co. 3  Capt. Ch. Fox, 8 th .  Capt. H. Miller 1 st .   
 5. In what battles was he engaged? St. Lawrence  Crisskany battle & others  6. Where did he reside when he entered the service? not stated  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? only traditional evidence - one a Clergyman  8. Are the papers defective as to form or authentication? and if so, in what respect? not attached according to the regulation 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
E. Stephens
Examining Clerk.

Rev. S 1812 War Section aw
WCS
January 16, 1928
Mrs. H. O. Kline 35 Union St. Amsterdam, N.Y.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim, S. 10690, it appears that WILLIAM W. FOX was born in Palatine, Montgomery County, New York, date not stated.
While a resident of that place he enlisted and served at various times from sometime in 1776 until the close of the Revolution, amounting to at least two years in all, as a private with the New York troops under Captains William Fox, Christopher Fox and Henry Miller, and Colonels Jacob Klock and Marinus Willett; he was in the battles of Oriskany, Stillwater, Saratoga, Fellinge Flats and Johnstown.
He was allowed pension on his application executed September 6, 1832, at which time he was living in Palatine, New York, and was seventy-eight years of age.
There are no data on file relative to his family.
Respectfully,
WINFIELD SCOTT Commissioner

13.682
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of William W. Fox which require further proof or explanation.
I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? no
V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
not known
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
no - The Judge has -
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? — no
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? none
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? — no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? — no
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, depose and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Amsterdam, N. Y. , June 28, 1927.
Department of the Interior , Bureau of Pensions , Revolutionary War Section , Washington, D. C.
Gentlemen :—
Can you give me copies of pensions of the following who according to a pension list of 1831 were pensioners :
Wm. W. Fox, a pensioner residing in Montgomery County, N.Y. John Davidson , of Steuben County, N. Y. who served in New Jersey militia .
Yours very truly,
Mrs. H. O. Kline
Mrs. H. O. Kline , 35 Union Street , Amsterdam, N. Y.

Reuben
10.690
INVALID.
File No. 10.690
William N Foss
Pri New Mar
Act: June 7 th 32
Index:—Vol. a , Page 130
[Arrangement of 1870.]

1928 Jan. 16. List to Mrs. H. O. Kline N.C.S.

State of New York E ff John P. Lutz of the Town Montgomery County of Brunheim in said County being Duly Sworn Saith that he is well acquainted with the applicant William W. Fox of the Town of Palatine in County aforesaid who signed the following declaration and have been acquainted with him for more than Fifty Years. Knows that said William was was Drafted into the service of Revolution as a Soldier in the Year 1775 and in 1776 was Called into Service and Stationed at Fort Stanwix for three weeks, and in 1777 his apartment was in Heights at the time of Saratoga . & in January was was with said Applicant at Ticonderoga at Fort Plank and Timmermans, was also with said William at Herkimer and again at Fort Plank was with him Glentrums and again at Fort Stanwix and furthermore that said applicant has been in the service from the commencement of the Revolutionary War from Year to Year to the Close of the war & furthermore this Deponent saith not E John P. Lutz
Subscribed and sworn this 25 th Day of July 1822
Before Mr Lawrence Marshall's flight to the States
State of New York & ss. I Lawrence Marshall the Notary Public in and for the County of Suffolk do hereby certify that I am personally acquainted with the above named John Patten & know the foregoing Affidavit to be true and that he is a man of truth veracity and entitled to full credit.
Wed July 26 th 1833
Lawrence Marshall of the Town Boston

State of New York Montgomery County ss On the 26 th day of July 1833 Person- ly appeared before me a Justice of the Peace in the Town of Palatine, County & State aforesaid, Jacob Sull of the said Town and County and State aforesaid, who being duly sworn deposeth and saith that he has been personally acquainted with William W Fox for at least fifty years past, and for and during the Revolution- ary War and ever since, and that he knew that the said Applicant for a Pension, has rendered services to the United States from the Early Part of the Revolution, and that during the same, and that and that, he has rendered essential service from 1775  the year to year annually to the close of the war, That he says that always understood that he this claimant hath been drafted immediately before Oriskana Battle for six weeks, in performing service under Col Gausevort & Col Willett at Fort Stanwix, and immediately thereafter, in battle on the 6 th day of Aug t at Oriskany, that the claimant has been, in battle under Col Willett Gen l called Johnstown Battle against Maj r Ross, in Oct 1781. Also in Sandusky Battle, after Col Brown was slain, in battle Generally called Col Brown Battle in Housatonic engaged in battle on Hocks & Tailingo flats, and that he has always proceeded a good and faithful soldier, and this deponent further saith that the Applicant is a person of truth and veracity, and that he this deponent further states that he hath examined claimants supplemental declaration and Verely believes that he has rendered the length  length of service contained in the said declaration, and more if the fact could be ascertained and that the same is entitled to full credit
Sworn and subscribed before Jacob Sull
me on the day and year aforesaid
Laurence Marcellus Justice of the Peace
State of New York Montgomery County ss I Laurence Marcellus the Justice of the Peace before whom the above named Jacob Sull swore to the foregoing affidavit. Do Certify that I am well acquainted with the said Jacob, and that he is a man of truth and veracity and entitled to full credit Dated July 26 th 1833
Laurence Marcellus Justice of the Peace